2011 US Code
Title 22 - Foreign Relations and Intercourse
Chapter 52 - FOREIGN SERVICE (§§ 3901 - 4226)
Subchapter V - CLASSIFICATION OF POSITIONS AND ASSIGNMENTS (§§ 3981 - 3985)
Section 3982 - Assignments to Foreign Service positions
|Publication Title||United States Code, 2006 Edition, Supplement 5, Title 22 - FOREIGN RELATIONS AND INTERCOURSE|
|Category||Bills and Statutes|
|Collection||United States Code|
|SuDoc Class Number||Y 1.2/5:|
|Contained Within||Title 22 - FOREIGN RELATIONS AND INTERCOURSE |
CHAPTER 52 - FOREIGN SERVICE
SUBCHAPTER V - CLASSIFICATION OF POSITIONS AND ASSIGNMENTS
Sec. 3982 - Assignments to Foreign Service positions
|Laws in Effect as of Date||January 3, 2012|
|Source Credit||Pub. L. 96-465, title I, §502, Oct. 17, 1980, 94 Stat. 2093; Pub. L. 98-164, title I, §130(b), Nov. 22, 1983, 97 Stat. 1027.|
|Statutes at Large References||94 Stat. 2093 |
97 Stat. 1027
108 Stat. 398
|Public Law References||Public Law 96-465, Public Law 98-164, Public Law 103-236|
(1) The Secretary (with the concurrence of the agency concerned) may assign a member of the Service to any position classified under section 3981 of this title in which that member is eligible to serve (other than as chief of mission or ambassador at large), and may assign a member from one such position to another such position as the needs of the Service may require.
(2) In making assignments under paragraph (1), the Secretary shall assure that a member of the Service is not assigned to a position at a post in a particular geographic area exclusively on the basis of the race, ethnicity, or religion of that member.(b) Filling of positions by members of Service; employment of members of State Department and other agencies
Positions designated as Foreign Service positions normally shall be filled by the assignment of members of the Service to those positions. Subject to that limitation—
(1) Foreign Service positions may be filled by the assignment for specified tours of duty of employees of the Department and, under interagency agreements, employees of other agencies; and
(2) Senior Foreign Service positions may also be filled by other members of the Service.(c) Charge d'affaires
The President may assign a career member of the Service to serve as charge d'affaires or otherwise as the head of a mission (or as the head of a United States office abroad which is designated under section 3902(a)(3) 1 of this title by the Secretary of State as diplomatic in nature) for such period as the public interest may require.(d) Competitive ability with respect to chief of mission positions and for assignments outside areas of specialization
The Secretary of State, in conjunction with the heads of the other agencies utilizing the Foreign Service personnel system, shall implement policies and procedures to insure that Foreign Service officers and members of the Senior Foreign Service of all agencies are able to compete for chief of mission positions and have opportunities on an equal basis to compete for assignments outside their areas of specialization.
(Pub. L. 96–465, title I, §502, Oct. 17, 1980, 94 Stat. 2093; Pub. L. 98–164, title I, §130(b), Nov. 22, 1983, 97 Stat. 1027.)References in Text
Section 3902(a)(3) of this title, referred to in subsec. (c), was redesignated section 3902(3) of this title pursuant to Pub. L. 98–164, which struck out the designation “(a)” and subsec. (b) of section 3902.Amendments
1983—Subsec. (d). Pub. L. 98–164 added subsec. (d).Delegation of Functions
Functions of President under subsec. (c) delegated to Secretary of State, see section 1 of Ex. Ord. No. 12293, Feb. 23, 1981, 46 F.R. 13969, set out as a note under section 3901 of this title.Report Respecting Policies and Procedures Adopted To Improve Competitive Ability of Personnel
Section 130(c) of Pub. L. 98–164 directed Secretary of State, not later than one year after Nov. 22, 1983, to submit a report to Speaker of House of Representatives and chairman of Committee on Foreign Relations of Senate describing policies and procedures adopted pursuant to the amendment made by section 130(b) of Pub. L. 98–164, adding subsec. (d) of this section, prior to repeal by Pub. L. 103–236, title I, §139(10), Apr. 30, 1994, 108 Stat. 398.
1 See References in Text note below.
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